Baby Circumcised "By Accident" in Miami Hospital NICU

Delgado holds her 4 week old son as she tells how he was in the hospital's NICU for 10 days and circumcised against her written documentation, on the 8th day.

This is not the first time it has occurred. Or the second - or even the 100th. In fact, it happens more often than we'd like to recognize. Not only are 32% of baby boys born in the U.S. being circumcised against their will, even when birth mothers stand up to pro-cutting hospital routine (that profits $$$ from circumcision surgery), occasionally their babies are circumcised nonetheless. This is a horrific violation of human rights and patient rights.

Despite the hospital brushing off their "unfortunate mistake" by saying that baby Mario is fine and "didn't have any complications" he is forever impaired by the forced removal of his prepuce organ. As one young man recently noted - there are always complications - no circumcision surgery is performed without loss. Hospital staff who "misread" Mario's paperwork have no idea how this will impact Mario's future sexual health, his wellbeing, or that of his partner(s) later in life.

Just last week I was urging parents to keep their babies with them post-birth - keeping watch even if their little one must be in the NICU. As Aronfed (the attorney in this case) notes - hospitals make mistakes - and they make them all the time.

There are many reasons that birth is generally safer at home (for both mothers and babies). That is topic for another post. But if you do elect to birth in a U.S. hospital, make clear and detailed notes that you will *sue* the hospital if they circumcise your baby. Attorneys For the Rights of the Child (ARC) suggest using bold and direct language that cannot be ignored or "misread" - language which clearly states the legal heap of trouble the hospital will be in if your baby is "accidentally" circumcised. Make sure multiple copies are placed in your file and your baby's file. Keep a document by his bed and on your door. Send one to the legal representative for your hospital. Attorneys who are familiar with these accidental circumcision cases state that hospital staff do not always go through patient files, but threaten a lawsuit ahead of time, and the hospital will pay attention. Sarah Arnold Thompson shared this sign (below) that she encourages parents to print and hang next to their baby. You can easily make your own sign as well. CIRP includes this page devoted to helping American parents protect their sons born in U.S. hospitals from unwarranted circumcision surgery.

Whatever you do, keep your baby with you if at all possible, and do what you must to protect him while he is still on hospital grounds. After all, lawsuit or not, no money in the world is going to get back a child's full penis or his wholeness. Mario will never again be intact. And this is more than an "unfortunate mistake."

[Side note: If you are a woman reading this, imagine for a moment that you had your clitoral hood 'accidentally' amputated in the hospital without your permission or knowledge. And without anesthesia. How would it impact your life? How would you feel about this loss? What repercussions should the hospital face? Could it ever be made right by you? Lest we minimize the gravity of Mario's situation, and all other boys who face this same destruction to their body, we should recognize that their genital organs are no less important because they are male and it is culturally accepted by some to do such things to baby boys in North America. The prepuce is an organ that all of us - male and female - are born with. It serves vital functions, and we each have the basic human right to maintain this organ and do with it as we please.]

The physician who took Mario from the NICU and circumcised him during the 1 hour that his parents left his side is Mary Jean Pazos, M.D. She has practiced for 22 years and attended medical school at the University of Santo Tomas in Manila, Philippines.

Mario Viera is just four weeks old. When he was born, his mom says she told doctors at South Miami Hospital several times that she did not want Mario circumcised.

"It's a big hospital," said Vera Delgado, Mario's mother. "It's a good hospital, and I thought he's safe, he's good there."

But eight days after his birth, without his mother even present, doctors performed the circumcision surgery.

"I was crying. I spent that day and the next day crying," Delgado told CBS4's Gio Benitez.

It turns out every man in Mario's family is intact. It's a family tradition.

Delgado knows a lot of people will think, "Oh that's not a big deal. But what would happen if you don't want that for your son, and they do it anyway?"

"This is not malpractice. This is a battery," said Attorney Spencer Aronfeld, who is working the case. [Aronfeld is a personal injury lawyer in Miami.]

On Monday, Aronfeld says he'll file a lawsuit against the doctor and hospital for battery. "They went and they did an unnecessary, unwanted surgical procedure on this child without the parents permission," he said.

The hospital released this statement:

"The baby's circumcision was an unfortunate mistake caused by a misread consent form. As soon as the error was discovered, the doctor and nurses let the family know what had occurred."

"I see hospitals make mistakes all the time. What I don't see is hospitals make mistakes, and admit them," said Aronfeld. But he and Delgado say the hospital has to do more than admit the mistake because Delgado says it is a risk Mario did not need to face.

"And with him being in intensive care, with more reason," she said. Mario was in intensive care for ten days. He was circumcised on the eighth.

Hospital spokespeople say they're sorry.

"I know they apologized and everything, but it's done - the damage is done," said Delgado.

The following is South Miami Hospital's full statement regarding Mario Viera's circumcision:

The baby's circumcision was an unfortunate mistake caused by a misread consent form. As soon as the error was discovered, the doctor and nurses let the family know what had occurred. We also immediately implemented new processes to ensure this mistake will not occur again. The procedure itself was performed following appropriate surgical guidelines and the baby didn't have any complications. Nevertheless, we're all deeply sorry that this happened.

Our Florida law firm sues hospitals for mistakes on behalf of injured patients all the time; but the case of Mario Viera who is just four weeks old is very unusual. When he was born, his parents told the doctors at South Miami Hospital several times that they did not want Mario circumcised. Somehow, the doctors claim, they got the consent forms mixed up and took Baby Mario out of the NICU and circumcised him without the parents knowledge or consent violating Florida Medical Consent Statute 766.103.

Some question why this is objectionable. After all many people are circumcised everyday in this country without any objection from the parents. As a Miami medical malpractice lawyer, I disagree and on Monday we will file a multi-million dollar lawsuit against the hospital and doctors who performed the irreversible amputation of this helpless baby's functioning tissue. We take the position that the procedure constitutes more than just medical malpractice, it is a battery and a human rights violation with lifelong consequences.

According to a Canadian study: "the risks of circumcision have always exceeded any alleged benefits, a fact that often is not made clear to parents" and some insurance companies no longer provide coverage for routine infant circumcision and there are hospitals that refuse to perform it because there is no medical indication.

76 comments:

Thanks for the shocking article and the excellent advice, especially the importance of keeping the baby close by at all times. It also pays to have one's husband or a friend or relative there to keep an eye on things to allow for some sleep, to ensure that the baby is under CONSTANT supervision.

In same states parents need to present the hospital a detailed birth plan which explicitly states that the baby is not to be vaccinated in order to avoid the jab. If parents don't do that, the baby can be vaccinated against the parents will in some states.

Even if a birth plan exists which stipulates no hep B vaccination, babies sometimes get jabbed regardless! Keeping an eye on one's baby is therefore a must.

It pays to work out a detailed birth plan well in advance to discuss with and agree on with one's care giver, then to make sure it is being adhered to.

Having said that, homebirths are obviously a much better choice and much preferable for obvious reasons, at least for normal, low risk births.

Go to

http://www.vaclib.org/exemption.htm on the internet to find out about your state's requirement for a birth plan, if any.

Usually surgery is indicated by a medical problem that must be corrected. What is the problem in newborn infants that a doctor has to correct? Without any medical indication, can doctors be performing circumcisions in healthy newborns, let alone give parents any kind of "choice?" Unless there is a problem that begs correcting, the circumcision of newborns is malpractice in every case. What a despicable disgrace that circumcision is default, and that you have to indicate on a form that you want your son to keep his whole body. It is having a foreskin that is normal, natural and default, not the other way around. This country's doctors have their heads on backwards.

I am heartbroken for that baby and family. What a horrible, horrible thing. This is why NO hospital should perform circumcisions- that way, this "mistake" can never be made! It makes me furious that the hospital is trying to make this seems like no big deal.

My son was just born a month ago, and that was one of my biggest fears of hospital birth. My husband thought I was just being paranoid, but it does still happen. Luckily, our wishes to take home our whole baby were honored. Very scary!

Thanks for sharing this story--I hope it makes more parents aware to 1)have a home birth whenever possible and 2) to keep baby by the parents at all times to prevent circumcision or any other intervention that the parents find unacceptable.

How sad that we live in a society where we have to protect our babies from genital mutilation when they are not in our direct presence in the hospital. I understand this baby was in intensive care, but this is a factor in my decision to birth at home... knife happy doctors!

This is like the billionth reason not to give birth in a hospital, except as a very last resort (emergency transfers, basically). Why would any parent trust a bunch of strangers to *appropriately* manage their child's entrance to the world and first few days of life? This is not the first time I've heard of this happening, but I sure hope it's the last. I hope they win the lawsuit. What that hospital did is inexcusable.

Sad thing is - it sounds like this baby may have actually NEEDED to be in the hospital in the first place (i.e. homebirth not possible, or transfer otherwise would have been necessary) since he was in the NICU. And then cut after being in the NICU for 8 days. This just makes it all the more awful. How else could it have been avoided if the hospital is going to be negligent and cut babies in the first place, unless a parent or family friend stays watch every single moment - which really, may be necessary!

I think that the lack of consent would make it medical malpractice , or at least they could sue for damages and save up for any future care he needs , and if he never needs it it should pay for his college. Imo I think it's ideal.

Why cannot doctors just use their training and tools to help and to heal? It's frightening that parents need to actively work to protect vulnerable children from unethical and/or profiteering and/or abusive behavior of some doctors. I feel so sad for this poor, damaged child :'(

All the other issues aside - I cannot believe they can perform a surgery of ANY KIND without notifying the parents about it first. Consent form or not the parents should have the option to BE THERE for a surgery. All of it is unreal and disgusting on so many levels.

This was one of my biggest fears when we were in the hospital. My husband or I escorted our son every time he left the room and we had it written on the birth plan, the bulletin board in the room, and on his bassinet, but still. It's scary that this can even happen.

I'm due in 4 weeks with my first boy, and I'm so afraid of this happening! Our hospital encourages full time rooming in and with private rooms my husband will be able to stay with us the whole time, so he shouldn't need to be out of our sight the whole time. But my 2nd child spent 2 weeks in the NICU (a homebirth transfer, btw), and that worries me.

This was NO accident people. Don't buy into the hospital's "apology". Many circumsadists work diligently to keep the foreskins coming off. Sometimes I think it's about money, but many times it's "doctors" who have some sort of score to settle regarding circumcision...Any one on here have legal education? I'm wondering if this poor woman can get jail time for the doctor. Once again, this was NOT an accident. You here of these hopital circ "accidents" way too often. Keep your eyes on your newborns if you're gonna give birth in an American hospital, ladies. Either that or go to a European country and give birth, or give birth at home. "Doctors" with the circ fetish will let nothing stop them from accomplishing their goal and feeding their sick and twisted desires of cutting sex organs of unconsenting children.

Oh, and don't be fooled by the female nurses either. I have actually heard of female pediatric nurses claim to "love" doing circumcisions. One even told me that she specifically enjoyed the part wear the glans is separated from the foreskin. Her favorite part for some reason. Women have scores to settle with the male gender as well. Just please be careful people!!!!

As a reminder - a homebirth or birth center birth doesn't mean your child won't end up in a hospital. My best friend's daughter is in the NICU right now after an uncomplicated pregnancy and non-hospital birth. Things happen.

That being said, when their daughter needed surgery, they were notified 2 days prior when it would be, what would be done, the day of they met with the surgeon before she was taken back, and the surgeon talked to the parents and waiting family when it was done. It's like circumcision isn't even seen as a major medical procedure/surgery in this country at all! And I have to agree with one of the above comments - not that any baby needs to be circumcised, but if a baby is sick enough to be in the intensive care unit, he definitely doesn't need cosmetic surgery at that time.

Wow. I would be in such a rage if this had happened to my son and I would sue. I am so disturbed by the fact that this was done to a baby in the nicu. It's traumatic enough that he was in there. I also really can't wrap my head around people cutting premature babies that are in the nicu. "How to traumatize an already traumatized baby, 101". Its just sick.

I've heard of moms putting onesies on their newborns that say "I'm a breastfed baby-no pacifiers or formula please!" You can probably find a onesie that says "no circumcision" Just a plain white onesie and you can write "no" to whatever you want. For me, I would have written "no formula, no circumcision, no Hep B!" for the hospital onesie.

if infant circumsision were illegal this would not even be an issue....i hope they sue the Dr the hospital the nurses as far as they can take it! Make is such a liability for hospitals that they stop offering this horrible procedure!

As far as I'm concerned, that's sexual assault and battery on an 8 day old baby. Medical licenses should be pulled and sex offender status considered. They violated an 8 day old baby in intensive care - they caused permanent injury to his penis with life long consequences.

clearly they should sue for the psychological damage since the boy won't look like his father! (tongue-in-cheek) - but seriously they should sue - it will make the hospital changes practices and be more careful. I'd write on the onesie too -- that is a good idea.

I was terrified of this myself in the hospital with my son. I cannot imagine how this woman feels, everytime she changes his diaper, having to remember it all over again! I would add counseling for the baby, mom, and whoever else in the family that was affected by this tragedy to the lawsuit list, at the expense of the doc and/or hospital!

This was one of my biggest fears also. I made sure that all the midwives I had knew my plans, had it written on my birth plan and even told my delivery nurses at my false labor and at my induction. I also was lucky enough to know one of the nurses on staff in the OB unit that shares my same views on circing.

That being said I do not understand one bit why a NICU patient would have been circed at all. Though I can see their reasoning now, someone will pull the "it's easier to get the catherter in" excuse, which is just lazy medical practice because they do not train on how to cath intact boys. Also I have triplet uncles and one was not circed because they day they did the surgery he was not well enough for the procedure and that was 60 years ago. Makes no sense and is so scary that you can't trust medical professionals.

Wow. They just did it based on a check mark on a form? No circling back with the parents the day of the procedure? They make it sound like ear piercing!! Way too cavalier...circumcision is a painful, violent mutilation of a helpless infant...

a checked box was the confusion? of all of the paperwork required for every little procedure that happens in a hospital, circumcision can be confused by nothing but a check box?!

my first two are circumcised and i didn't for my last once i understood what i had done. the first time, i was sick and still in the hospital and they just took him and did it, but my second, i was in the other room, and i'll never forget what i heard, and then what kind of pain my baby felt every time he urinated for the next two days...

i'm glad now that we have groups to help INFORM people of why this is straight cruelty to your child.

As for the procedure itself (having witnessed a couple while in nursing school - horrifying!), it's my understanding that a parent (usually dad) is given the option of being present for the procedure, right? So even if somehow something somewhere got mixed up with documentation, one or both of those parents should have been approached and given the option to be there with this little boy. Even if I were a circ-ing mum (no way!), I'd at the very least expect to be given that choice.

@Ashley - you made me realize something I'd previously not thought of -- this poor momma is going to have to be reminded of the mutilation of her little one every single time she changes his diaper. I really cannot even imagine the pain - and regret of having ever left his side. To think that this could happen (and does happen)... It is just too much.

So glad they are suing! I would in a heartbeat! Poor Mario, I feel so bad for him and his parents! And I am also outraged like others have posted that they took him from the NICU to do this!?? My only son is intact, but not by my choice, but I am sooo glad now that I am more knowledgeable. But when he was a baby, I did want it done. I didn't know any better and just thought that is what you did with boys. Well they would not do it because he was sick. They didn't want to do anything that could give a chance for a secondary infection, but its ok for a baby that is in the NICU! Wow, just wow!

I don't believe it was an accident, either. circ rates have been going down less than 33%, coincidentally when the AAP this year suggesting lifting the FGM ban, and the CDC calls for universal circumcisions! What is going on!...and another reason to ban RIC!

I've heard of cases where baby MacDonald was scheduled for a circumcision and someone misread the cards and took baby MacKenzie, for example. If you have a common name in a hospital (for any reason) you have to be doubly certain to check everything that is done for errors. People make mistakes.

Steven Svoboda recounts in a YouTube how in a past case exactly like this, but with a Greek family, he and his client were basically laughed out of the courtroom. I seriously hope that the climate has changed, and that this mother is able to throw the book at the pervert that did this and the hospital that allowed it to happen. This is an absolute disgrace. Circumcision is a blight on American medicine.

Heres what gets me the most (besides the already obvious issues)- if a child is in NICU - what the hell are you doing performing ANY unnecessary surgery on ANY NICU child??? Any surgery has health risks, and to perform this on any child who is already dealing with issues (hense being in the NICU for a total of 10 days), why are you going to INCREASE his risks with an unnecessary surgery? This should be another part of their lawsuit as "Risk to a Minor"

Several people have questioned why a baby in the NICU got circumcised...well I'm going to speculate a bit here.

That baby was a chunk of a baby, so I don't think he was premature--the most common reason for a NICU stay. I'm going to guess that the more likely reason that he was in the NICU was for jaundice.

So the jaundice was resolving and he was ready to be discharged...but wait, let's get that circumcision done before discharge! What they don't tell parents is that the stress from circ often causes an increase in billirubin levels.

I had it happen to a client of mine. Her baby was ready to be discharged after spending 10 days in the NICU for jaundice, but then he got circumcised and had to spend 2 more days in the NICU.

How does this keep happening?You go in with a diseased left leg and they accidentally remove the right leg.Shouldn't the person doing the surgery be able to look at the body and realize that this is a healthy penis and doesn't need to be circumcised and maybe ask someone why this person is being operated on so some of this can stop?

As long as infant circumcision remains highly profitable, "mistakes" like this will continue to happen. There is history to back this statement.

When the British government defunded infant circumcision, the practice died a quick death.

When Ryleigh McWillis died in Canada, Canadian doctors realized their liability and the circumcision rate dropped to less than 7%.

Before a 1973 court case, US doctors routinely circumcised infants without consent or even against the stated wishes of the parents. Due to that court case, all US hospitals obtain consent now.

Between the doctor and hospital, there are between $350 and $400 in revenues for a procedure that only takes a few moments making it among the most profitable procedures. With the perceived safety of the procedure, hospitals and doctors now actively solicit the procedure. This case might have been a case of "Go ahead and do it anyway. We'll get paid anyway!"

In this case, a hospital in the Miami area would know that Hispanics rarely circumcise their children and there should have been a red flag. Were they ignoring this red flag to promote circumcision in the Hispanic community? There are many stories surrounding doctors and nurses strongly soliciting the procedure in immigrant communities even to the point of telling them it is required by law!

Let's take the profit motive out of it. I suggest legislation limiting the charges for the procedure to $100.00. I'll bet if such a law were passed, not only would doctors and hospitals not be offering the procedure, they would fall in line with the rest of the world and would be refusing to perform it.

Wow. I can't imagine the pain the mother went through upon realizing her son was circumcised against her wishes. The poor baby too... ruined for life. And it's awful that babies are so at risk in hospitals so soon after being born. For some their lives have barely begun and then a part of it is lost to them forever. It is so important to be vigilant for our children... give them a voice when they have none.

I don't think this was an accident. I think his nurses were well aware of his mother's stated desire, and perhaps were too afraid to speak up for the baby or knew their voices would be ignored. There is an unfortunate power dynamic that often exists within the hospital that needs to be addressed also.

Horrible! As a nurse who works regularly with new moms and babies I am sickened by the negligence (at best!) involved in this child's care.

I work at a hospital with a VERY high circ rate (most of the staff have no clue how to even care for an intact boy) and I get all SORTS of crap because I refuse to set-up or assist in circumcisions. I just can't... even setting out restraints and that awful plastic board makes me feel ill and brings tears to my eyes.

I had to watch one circ in nursing school... now, I have worked burn and trauma. I have a VERY strong stomach. And watching a circ made me so sick that I almost threw up!

@ Foregen, I have NEVER seen such a financial donation seeking organization. I have had multiple individuals email me, asking for donations, so much now that I consider it SPAM. I understand the need for donations however, many people agree that your organization, needs to be a bit more “orginized” so that each individual doesn’t keep getting bombarded by what seems to be money hungry volunteers within your program. I would seriously reconsider the method of which you respond to individual posts as each one of them are looking more and more like spam.Just read the above article, ridiculous.

I don't understand how they could take a child for a surgical procedure without the mother there! I am a Registered Theatre Nurse and Doula in Australia so I am unfamiliar with standard practice in America but here in Australia there is a surgical list for the day. When the operating theatre staff are ready for the next patient on that list they either send an orderly to bring the patient to theatre or they call the ward and ask for the patient to be brought to the theatre. When this happens here (especially with babies and children) the parents go with the child and even sit beside the baby/child on the operating table until they have been put to sleep with anaesthetic gas. The parent is then escorted from the room by the orderly or a nurse and waits outside until the procedure is finished. They are usually invited into the recovery room once the child is awake. How can they take a child to theatre without even telling the mother.......consented or NOT? Especially an 8 day old baby!

I know that mistakes like this happen all the time and it's for this reason Australian hospitals have implemented a "Time out" procedure where no surgery begins until every staff member is present in the room and the patients details, procedure they have consented to, signature on consent form and any allergies are read aloud for every person in the room to hear and checked against the patient's hospital name bracelet by two people. There should be no excuse for disastrous mistakes like this and "sorry" certainly doesn't make up for it.

Wonder why physicians are so eager to circumcise the baby boys? The amount they charge only makes up a small portion of their profit from circumcision. The way bigger part of their profit comes from selling the boy's foreskin to the cosmetic companies to make anti-wrinkle products, because infant body tissues have lots of fibroblasts. If you understand this, then you'll really know why doctors are so eager to circumcise the babies.

By the way, other English-speaking countries like UK and Australia used to circumcise lots of newborn babies too, but it quickly died down after they implemented their socialized universal health care. But here in the US, the health care is still a market commodity rather than a public good. Doctors get paid based on how many surgeries they perform instead of getting paid a fixed salary.

This almost happened to my son. It was our last day in the hospital and they kept saying "when he goes for his circ." I quickly said no no he's not being circed and they said well he is listed on the surgery board and on the notes in his chart. I said please please check that I didnt accidently sign the consent. She checked and said it was an error and that she would make sure that everyone knew. I didnt let him leave my sight after that. I can't imagine.

I remember a case that was very similar to this coming through our law office about five years ago. It was in Dade county, Florida and the parents filed a personal injury claim with us for medical malpractice. She ended up winning the lawsuit against the hospital, I would suggest this mother takes the same action against the party responsible for this unfortunate mistake.

If it was me, I am afraid of what I might do. I would definitely seek vengeance in every possible way against anyone involved in the mutilation of my son. A civil lawsuit would only be the beginning. I would do whatever I could to turn the life of everyone involved in the mutilation into a living hell.